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2.5.3 Interpretations and Clarifications - ENGINEER shall issue necessary interpretations and <br />clarifications of the contract documents and in connection therewith prepare work <br />directive changes and change orders, as required. <br />2.5.4 Shop Drawings & Substitutes - ENGINEER shall review or take appropriate action, on <br />substitute materials proposed by CONTRACTOR, shop drawings, samples and other data <br />which CONTRACTOR is required to submit, but only for general conformance with the <br />design concept of the project and the information given in the contract documents. Such <br />review shall not extend to means, methods, techniques, sequences or procedures of <br />construction or to safety precautions and programs incident thereto. <br />2.5.5 Applications for Payment - Based on ENGINEER'S observations as an experienced and <br />qualified design professional, on information provided by the on-site observer and on <br />review of applications for payment and the accompanying data and schedules; <br />ENGINEER shall determine the amount owed to CONTRACTOR and recommend in <br />writing payments to CONTRACTOR. This recommendation will constitute a <br />representation to CITY that the work has progressed to the point indicated, and that, to the <br />best of ENGINEER'S knowledge, information and belief, the quality of such work is <br />generally in accordance with the contract documents. However, ENGINEER will not <br />thereby be deemed to have made exhaustive, continuous or detailed reviews or <br />examinations to check the quality or quantity of CONTRACTOR' S work as it is <br />furnished, beyond the responsibilities specifically assigned to ENGINEER in this <br />Agreement and the contract documents. ENGINEER'S review of CONTRACTOR' S work <br />for the purpose of recommending payments will also not impose responsibility on <br />ENGINEER to make any examination to ascertain how or for what purposes <br />CONTRACTOR has used the monies paid on account of the contract price, or to <br />determine that title to any of the work, materials or equipment has passed to OWNER free <br />and clear of any lien, claims, security interests or encumbrances, or that there may not be <br />other matters at issue between CITY and CONTRACTOR that might affect the amount <br />that should be paid. <br />2.5.6 Inspections - ENGINEER shall conduct an inspection to determine if the work is <br />substantially complete, and a final inspection to determine if the completed work is <br />acceptable, so that ENGINEER may recommend final payment to CONTRACTOR. Any <br />such recommendation is subject to the limitations expressed earlier herein. <br />2.5.7 Limitation of Responsibilities - ENGINEER shall not be responsible for the acts or <br />omissions of any CONTRACTOR, or its subcontractor, supplier, or any of the <br />CONTRACTOR' S or subcontractor's suppliers, agents or employees, or any other persons <br />(except ENGINEER'S own employees and agents) at the site or otherwise furnishing or <br />performing any of the CONTRACTOR'S work; however, nothing contained in this <br />section shall release ENGINEER from liability for failure to properly perform duties and <br />responsibilities assumed by ENGINEER in the contract documents. <br />-7 <br />